Section 16: Revocation of driving licence on grounds of disease or disability

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 16

Section 16 of the Motor Vehicles Act, 1988 empowers the licensing authority to revoke an existing driving licence if the holder becomes afflicted with any permanent disease or physical disability rendering their continued operation of a motor vehicle a source of imminent public danger.

  • Public Safety Hazard Threshold: Triggered where the licensing authority has reasonable grounds to believe that the licence holder is suffering from any disease or physical/mental disability specified in the Second Schedule or likely to render driving dangerous to the public.
  • Medical Board Examination Precondition: Section 16(1) authorizes the licensing authority to require the holder to undergo a medical examination before a designated Medical Board and produce a Form 1A medical fitness certificate within a stipulated timeframe.
  • Mandatory Audi Alteram Partem and Reasoned Order: Revocation cannot be executed summarily; the licensing authority must issue a show-cause notice, consider medical evidence, and pass a speaking order recording specific grounds for revocation under Section 16(2).
Key Landmark Precedents:
  • Raj Kumar v. Ajay Kumar (2011) 1 SCC 343: The Supreme Court laid down foundational principles for evaluating permanent disability and loss of earning capacity, noting that medical revocation under Section 16 directly corroborates 100% loss of functional earning capacity for professional commercial drivers.
  • Manmohan v. State of Haryana 1999 Cri LJ 1242 (P&H): The High Court held that administrative revocation of a driving licence under Section 16 requires strict adherence to natural justice; a subjective apprehension of disability without an objective Medical Board certificate renders the revocation order invalid.
Courtroom Practice & Strategic Litigation Guidance:

In high-value MACT disability claims of professional drivers, obtain an official communication from the RTO regarding whether the driver's licence was revoked or surrendered under Section 16. If revoked, produce the Section 16 order to conclusively prove 100% functional loss of vocation under Raj Kumar v. Ajay Kumar, defeating insurer arguments that physical impairment did not eliminate commercial livelihood.